Motorcycle Accident Lawyer in California
Injured in a motorcycle crash anywhere in California? You generally have two years to file an injury claim — and as little as six months if a government vehicle or a dangerous public road was involved. Talk to us before you speak to the other driver’s insurer.
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California legal deadlines
In California you generally have
2years
from the date of a motorcycle crash to file a personal injury lawsuit (Code of Civil Procedure § 335.1)
3years
for damage to your motorcycle and riding gear (§ 338).
As the operator of a motor vehicle, a rider must also file an SR-1 report with the DMV within 10 days if anyone was injured or killed, or if property damage exceeds $1,000 (Vehicle Code § 16000).
If a city, county, state or other public entity was involved — a government vehicle, or a dangerous road condition on public property — the deadline is far shorter. A written government claim is generally due within six months (Government Code § 911.2).
Miss those deadlines and a strong case can end before it starts. That is the most common reason good claims fail in this state.
Riders Get Blamed First. Evidence Changes That.
Many motorcycle crashes are not caused by the rider. They are caused by a driver turning left across a lane, changing lanes without looking, or pulling out of a driveway into a motorcycle that was plainly there.
Yet the claim often opens with an assumption: the rider must have been speeding, weaving or splitting lanes recklessly. Adjusters know that people who do not ride tend to believe it.
California law does not support that assumption. Lane splitting is lawful here, and doing it is not negligence by itself. What matters is the same thing that matters in any collision: who had the right of way, who was paying attention, and what the physical evidence shows.
The other difference is the injury. A rider has no cabin, no airbag and no crumple zone, so a collision a driver would walk away from can mean surgery and months off work. Expect the insurer to ask for a recorded statement early, and expect the questions to be about your speed and your lane position.
None of that is a verdict. It is an opening position, and it moves when the scene is documented, the motorcycle and helmet are preserved, and the insurer understands the case can be tried.
California Motorcycle Accident Rules That Decide Your Claim
| Rule | What California law requires |
|---|---|
| Deadline to sue for injuries | 2 years from the date of the crash (Code of Civil Procedure § 335.1). The same two-year period applies to a wrongful death claim, running from the date of death. |
| Deadline for motorcycle and property damage | 3 years from the date of the crash (Code of Civil Procedure § 338). This covers the motorcycle, helmet and riding gear, and it is a separate clock from the injury deadline. |
| Claims involving a government vehicle, agency or road | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This covers city buses, police and public-works vehicles, and dangerous road conditions on public property. |
| Lane splitting | California law defines lane splitting and authorizes the CHP to develop safety guidelines for it (Vehicle Code § 21658.1). Riding between lanes is lawful and is not negligence by itself, though the speed and manner of splitting can still be argued. |
| Helmets | Every rider and passenger must wear a U.S. DOT-compliant helmet, regardless of age (Vehicle Code § 27803). Riding without one does not bar a claim, but the insurer may argue it made a head injury worse. |
| DMV SR-1 report | Required within 10 days when anyone is injured or killed, or property damage exceeds $1,000 (Vehicle Code § 16000). Separate from the police report and from notifying your own insurer. Failing to file can suspend your licence. |
| Reporting to police | A crash involving injury or death must be reported to police or the CHP within 24 hours (Vehicle Code § 20008). |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred. A rider found 25% responsible still recovers 75% of the damages. |
| Minimum liability insurance | Since January 1, 2025, California minimums are $30,000 per person, $60,000 per accident and $15,000 property damage (Senate Bill 1107, 2022). Even the new minimum rarely covers a serious orthopaedic injury. |
| If the other driver has no insurance | Uninsured and underinsured motorist coverage on your own policy may respond, including in many hit-and-run cases. Insurers must offer it, but it can be declined in writing (Insurance Code § 11580.2), so check your motorcycle policy’s declarations page rather than your memory. |
| If your motorcycle was uninsured | Under Proposition 213 (Vehicle Code § 3333.4), an uninsured owner or operator generally cannot recover pain and suffering damages, only economic losses such as medical bills and lost earnings. Narrow exceptions apply, including where the other driver was convicted of DUI. |
Major Causes of Motorcycle Accidents in California
The pattern repeats: a driver looks for a car-sized gap, sees nothing, and moves. A motorcycle takes up less of the windshield and closes distance faster than drivers expect, and the consequences land almost entirely on the rider.
Left turns across the rider’s path
A driver turning left at an intersection or into a driveway misjudges the motorcycle’s distance or does not register it at all. “I never saw the bike” is not a defence; a driver has a duty to look before turning.
Unsafe lane changes and blind-spot merges
A motorcycle fits entirely inside a blind spot. Drivers who move over without checking mirrors or signalling push riders out of the lane or strike them from the side, often in freeway traffic.
Lane-splitting disputes
Insurers reach for lane splitting because it sounds reckless to people who do not ride. California treats it as lawful conduct (Vehicle Code § 21658.1), so the question is whether the rider was splitting reasonably and whether the driver looked and signalled before moving over.
Driveways, parking exits and opened doors
Vehicles pulling out of driveways, lots and parking structures, and doors opened into traffic, leave a rider with almost no time or room to react.
Rear-end impacts
A tap that would dent a bumper can throw a rider from the motorcycle. These happen at signals and in stop-and-go traffic, usually because the driver behind was following too closely or not watching.
Distracted driving
California bans holding a phone while driving and bans texting outright (Vehicle Code §§ 23123, 23123.5). Phone records and app timestamps can often establish what a driver was doing at impact.
Speeding and impaired driving
The basic speed law (Vehicle Code § 22350) prohibits driving faster than is safe for conditions, and driving with a blood alcohol level of 0.08% or higher is illegal (§ 23152). Impaired-driving crashes are a particular risk at night and on weekends.
Crossing the centreline on canyon and mountain roads
On winding roads, drivers unfamiliar with the route drift across the centreline on blind curves. The rider coming the other way has nowhere to go.
Road hazards and dangerous conditions
Gravel, uneven pavement, potholes and utility cuts that a car rolls over can put a motorcycle down. When a public entity is responsible for the condition (Government Code § 835), the claim carries the six-month deadline, which is why these cases are so often lost.
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Motorcycle Accident Injuries We Represent
Motorcycle injuries are often severe, and the injury drives the value of the claim. Insurers know which injuries are easy to dispute and which facts — helmet, speed, lane position — they can use to shift blame. Documentation from day one is what closes that gap.
Road rash and skin injuries
Sliding on pavement can remove skin down to deeper tissue. Serious cases involve cleaning under anaesthesia, skin grafting, infection risk and permanent scarring, all of which belong in the claim.
Traumatic brain injury
A helmet reduces the risk; it does not remove it. A concussion does not require losing consciousness, and headaches, light sensitivity, irritability and difficulty concentrating often surface days later.
Spinal cord and back injuries
Being thrown from a motorcycle can cause herniated discs, vertebral fractures and nerve damage. Complete or partial paralysis changes the entire structure of a claim, including future care costs.
Fractures and orthopaedic trauma
Legs, ankles, wrists, collarbones, ribs and the pelvis take the impact. These injuries frequently mean surgery, hardware and months of rehabilitation, and the lost income alone can exceed the medical bills.
Internal injuries and organ damage
Internal bleeding and organ trauma can be life-threatening and are not visible at the scene. This is the main reason we urge riders to accept transport and get imaged the same day.
Catastrophic and permanent injuries
Amputation, crush injuries, severe burns, disfigurement and injuries requiring lifetime attendant care call for life-care planning and economic expert analysis to value properly.
Wrongful death
When a crash is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action.
Psychological injuries
Post-traumatic stress, anxiety about riding or driving again, and depression are real consequences of a serious collision and are compensable when properly diagnosed and documented.
After a motorcycle crash in California: what to do
Get out of traffic and call 911
Move to safety if you can do so without making an injury worse. A crash with injury or death must reach police or the CHP within 24 hours (Vehicle Code § 20008).
Accept transport and get imaged
Road rash is visible; fractures, internal bleeding and head injuries are not. Refusing the ambulance is one of the first facts an adjuster will quote.
Photograph everything
The motorcycle where it came to rest, the other vehicle, the lanes, signals and signs, skid and scrape marks, road conditions and your visible injuries. Photograph the driver’s licence, insurance card and plate.
Get witness names and the report number
Independent witnesses who saw the moments before impact disappear quickly. Note which agency responded — local police on city streets, the CHP on freeways and state highways.
Do not repair or dispose of the bike
The motorcycle, the helmet and your gear are evidence of impact direction and force. Keep them and photograph them before anything is repaired, cleaned or salvaged.
Find the cameras within days
Storefront, residential and dashcam footage is often overwritten quickly. The sooner it is requested, the more likely it still exists.
File the DMV SR-1 within 10 days
Required when anyone is injured or killed, or property damage tops $1,000 (Vehicle Code § 16000). We can prepare it for you.
Do not give a recorded statement
You are not required to give the other driver’s insurer a recorded statement. The questions will be about your speed and lane position, and the answers are used later to shift fault.
Talk to a lawyer before accepting anything
An early offer usually arrives before the full picture of your injury exists. Once you sign a release, the claim is over, including for treatment you have not had yet.
Speak With a California Motorcycle Accident Lawyer Today
If you were injured in a motorcycle accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California motorcycle accident lawyer. The sooner you get guidance, the easier it may be to protect evidence, manage insurance communication, and move your claim forward.
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Schedule a Free Consultation with a California Motorcycle Accident Lawyer
Do not wait to get legal help after a serious motorcycle accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle motorcycle accident claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Motorcycle Accident Help Across California
This page covers the statewide rules. For the courts, police agencies and roads where your crash actually happened, start with the office closest to you.
Related practice areas
Some crashes fall under their own rules. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
A motorcycle crash raises questions quickly: whether lane splitting or a helmet affects the claim, who pays the medical bills, and how long you have to act. Below are plain answers to the questions we hear most from injured riders across California. They are general information; a free consultation is the place to talk about your own situation.
Motorcycle Accident Questions We Hear Most
Is lane splitting legal in California?
Yes. Vehicle Code § 21658.1 defines lane splitting and authorizes the California Highway Patrol to develop safety guidelines for it. Lane splitting is not negligence by itself.
An insurer can still argue that the speed or manner of splitting was unreasonable. That is a question of fact, decided on the evidence, rather than a violation of law.
How long do I have to file a motorcycle accident claim in California?
Most injury lawsuits must be filed within two years of the crash (Code of Civil Procedure § 335.1), and claims for damage to the motorcycle within three years (§ 338). If a public entity was involved or a dangerous road condition contributed, a government claim is generally due within six months (Government Code § 911.2). Insurance policies can have shorter notice deadlines, so call early.
Do I have to wear a helmet in California?
Yes. Vehicle Code § 27803 requires every motorcycle rider and passenger, of any age, to wear a helmet that meets U.S. Department of Transportation standards. If you were not wearing one, you can still bring a claim, but the insurer will likely argue that a head injury was made worse by that choice, which is handled under comparative fault.
What if the driver says they never saw me?
That is not a defence. A driver has a duty to look before turning or changing lanes, and failing to see a motorcycle that was there to be seen is usually the negligence itself. These cases turn on sight lines, vehicle positions and timing, which is why camera footage, witness accounts and reconstruction matter more than either person’s memory.
What if the crash was partly my fault?
You can still recover. California follows pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than eliminated. A rider found 25% at fault recovers 75% of the damages. Insurers often assign riders a larger share of blame than the evidence supports, which is one reason to have a lawyer document the facts.
What if the other driver had no insurance or fled the scene?
Uninsured/underinsured motorist coverage on your own motorcycle policy may pay for your injuries, and it also applies in many hit-and-run cases. Report the crash to police and your insurer quickly, because policies contain their own notice deadlines. We review your policy and pursue every available source of coverage.
Should I repair my motorcycle before the claim is resolved?
Not if you can avoid it. The motorcycle, the helmet and your riding gear show impact direction, force and sometimes speed, and repairing or discarding them removes evidence. Photograph everything and ask us before any repair or salvage.
How much is my motorcycle accident case worth?
It depends on the injuries and surgeries, whether any impairment or scarring is permanent, how much income you lost, how clearly fault can be shown, and how much insurance is available.
Since January 1, 2025, California drivers must carry at least $30,000 per person in bodily injury coverage, but motorcycle injuries are often severe, so serious cases usually require looking at additional policies, employer coverage or your own UM/UIM. Be careful with any early number an adjuster offers before treatment ends.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles motorcycle accident claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.